Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1887-09-14
THE VERDICT OF ACQUITTAL.
DEFECTS IN THE CRIMINAL PROCEDURE
OF THE STATE.
From the News and Courier.

TTOul Gu6 NGWS dllu COuIlCi.
Two years ago I wrote for the News and
Courier a series of articles upon our Cir.
cult Courts, the object of which was to call
attention to some defects in the present
system, as we'll in the arrangement and
orders of the Courts and methods of con-
Quoting the business, as in the general adj
ministration of the law. attempted also
to suggest the remedy, in part at least.
I withheld my name from these commu-
nications, hoping thereby, to elicit a free
and full discussion of the subject through
the press of the State and, thus to call the
attention of our lawmakers to the lmpor-
lance of needed reform in the admlnlstra-
ton of the law by our Courts of justice. l
fear, however, that my views made out
little impression upon the Bar, the Legls-
lature or the people. -.
Since that time events nave occurred IN
the State, shocking crimes with startling
verdicts of acquittal, which have riveted
free and full censure from an enlightened
press, and awakened a feeling OF uneasl,.
ness and deep concern in the minds OF
all lovers of law and order.
The discussion of this interesting anu
vitality important subject by the news
papers of the State, conducted as it has
been in a calm and proper spirit, and with
due respect to our Courts, is to be COM
mended rather than condemned, because
our people, and our legislators as we'll,
| desire all the information possible upon
the subject, and no better medium exists
for conveying it than the press.
I propose to contribute to the examine
| ton of the methods of the trial OF crilni-
nails in our Courts as at present conducted,
and to disclose, as far as [ can, thec causes
/ .-.L:1l. Io.l - klo aa~y,sffol nf on fnQnU or.
cused of high crimes, and especially the
crime of murder. I despair of being able
to unravel the mystery of all verdlcts OF
iuries, and still more of being able to
| suggest complete and adequate remedy
against erroneous results of trials by jury
in our criminal Courts, but I do hope to
show that useful reforms are available,
and imperatively needed for the protec-
ton of the laW-abiding portion OF the
people.
Our criminal procedure in cases of HON.
icide begins with the inquest. This IS held
by the coroner, or in his absence or remote.
ness from the scene of death, by a trial
justice.
be made with great care, patience n
diligence, and with due caution and cir
cumspection. On the contrary, however,
| "a q SCllCl al VIC OlAS
Quoted with carelessness, haste and mani
fest impatience by the coroner and his
Jury. The sole purpose seems to be to
ascertain who did the deed but the vital
inquiry as to the circumstances attending
its perpetration is ordinarily considered OF
little Importance. This is left to be ascer-
tanned at the trial. The jurors are hastily
summoned the farmer from his plough,
the laborer from his hoe, the mechanic
from his work bench, the clerk from his
seat on the dry-goods box. They assem-
BILE in haste, view the dead body, inquire
who slew the person, examine a few Wit
nesses specifically, find that A came to
his death from a gunshot wound IN the
hands of B, the coroner issues his warrant
accordingly, the Court of Inquest and curl
Gus crowd disperse, all impatient to return
to their respective places of occupation and
abode, and indulge in speculation as to the
real facts, and the chances of the accused
before a petit jury.
Whether the homicide is murder, man.
slaughter or excusable in self-defence, was
neither incurred into nor attempted to be
determined. It is left to the solicitor to
gather up from the friends of the deceased,
as best he can, the real facts of the case for
the State-a labor either far too arduous
for, or beneath the dignity of an inquest ;
the jury's labor in their opinion, being
fully accomplished by finding who did the
deed.
In cases of secret and mysterious homi-
cides the investigation ordinarily reaches
the climax of haste, carelessness and impa-
thence, and not infrequently results in the
actual, ~unintentional, obliteration of all
those little marks, traces, facts and cir
cumstances unavoidably left in the path
of a murderer, and which, if OPPORTUNITY
noted and p%rudently followed up m un-
All duty is fulfilled under the present
practice, it seems, by reaching a verdict
that the deceased came to his death by
the hand of some person or persons to the
Jurors unknown" If perchance a few pa
tient and weighty circumstances pointing
to the guilt of a certain person are forced
upon the attention of the jury, so as to
Justify a verdict against him, they hastily
so find, and then dispense, leaving unin-
vestigated many other facts then availa-
BILE. which, if fixed upon definitely and
recorded, would, with other leading facts,
fix the proof of the guilt of the accused:
But haste and Impotence prevent that
full, thorough and satisfactory investlga-
ton so imperatively demanded by the ex-
igency of the case and the cause of Justice,
in this the first step in the criminal pro-
cedure.
OF course, I am speaking of the prevail
ing carelessness which characterizes the
methods of conducting coroners' inquests.
There are, now and then, notable excep:-
lions to this rule, when the coroner and
his Jury behave in a most praiseWorthy
manner, taking full time, exercising pa
thence and prudence, and leaving no avail
able testimony neglected. Such inquests
usually bring forth good fruit, resulting in
the detection and conviction of the guilty
one. Instead of being the exception to
the rule, such institutions should constl-
tute the rule and perfunctory ones be the
exception.
greatest care, diligence and efficiency in
the discharge of this duty by the coroner,
because the proceedings of his Court gen
orally fix the final result, or seriously az
feet it. The solicitor, in nine out of every
ten cases of homicide tried in our Courts,
depends largely, if not entirely, upon the
testimony furnished him by the coroner
He has no other source from which todraW,
and no time amidst his arduous labors to
inquire elsewhere. How important, es-
sential in fact, is it that he should have
placed at his disposal all available evidence
and upon whom but the coroner can ne
depend?
Unfortunately, outside of the county of
Charleston, the Office is without emolu-
ment, the compensation or income being
necessarily so small as to afford no induce
ment to a citizen to accept it. SO much so
is this the case that usually in nomina-
tions to office, and at elections, the candi-
date is the object of jokes and merriment,
ond oooontc tho oficn merely Hf0r the fun